Chapter 10-12
RELOCATED BUILDINGS
Sections:
10-12.010 Adoption of the Relocated Buildings Code.
10-12.050 Relocation permit issuance and enforcement.
10-12.060 Relocation permit fees.
10-12.010 Adoption of the Relocated Buildings Code.
The “Relocated Buildings Code” is adopted by the City Council of the city of Laguna Hills for the purpose of prescribing regulations for the relocation of buildings and structures. (OCC § 7-1-189 (part))
10-12.020 Definitions.
As used in this chapter:
“Bond” means a surety bond, cash bond, letter of credit or similar instrument which in the opinion of the Building Official will comply with the intent of this code and will indemnify the city against any cost which may result from the permittee’s failure to comply with all of the conditions attached to the granting of a relocation permit.
“Building Official” means the City Manager or his or her duly authorized representative. (OCC § 7-1-189(C))
10-12.030 General.
Buildings or structures moved or relocated into or within the city shall comply with the provisions of this code and all other applicable city codes. (OCC § 7-1-189(A))
10-12.040 Permits required.
No building or structure shall be moved or relocated unless and until a permit to relocate the building or structure has been issued by the building official to the owner of the premises to which the building or structure is proposed to be moved. Such permit shall be designated as a “relocation permit.” (OCC § 7-1-189(B))
10-12.050 Relocation permit issuance and enforcement.
A. Application—Conditions.
1. Every application for a relocation permit shall be in writing upon the forms furnished by the Building Official and shall set forth such information as that the Building Official may reasonably require in order to carry out the purpose of this section.
2. No permit shall be issued to relocate any building or structure which is so constructed or in such condition that it does not conform to or which cannot be repaired or reconstructed to conform to the requirements of the city codes.
3. If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that remedy or correction cannot practicably and effectively be made in the judgment of the Building Official, the permit shall be denied.
4. The Building Official shall, in issuing any relocation permit, impose such terms and conditions as may be necessary to assure compliance with the requirements of all applicable city codes. The terms and conditions upon which each permit is granted shall be specified in writing in the permit or attached thereto.
B. Relocation Permit—Bond Required.
1. No relocation permit shall be issued unless the applicant has posted with the Building Official a bond, executed by the owner of the premises where the building or structure is to be located, as principal and by a surety company or financial institution authorized to do business in this state, as surety.
2. The bond, which shall be in form joint and several, shall name the city as obligee and shall be in an amount equal to the cost, plus twenty-five (25) percent, of the work required to be done in order to comply with all of the conditions of such relocation permit as estimated by the Building Official.
In lieu of a surety bond, the applicant may post a bond executed by the owner, as principal, and which is secured by a cash deposit in the amount named above and is conditioned as required in the case of a surety bond. Such a bond is hereinafter called a “cash bond” for the purposes of this section.
3. No bond, however, needs to be posted in any case where the Building Official determines that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover or that of moving a building to adjacent property of the same owner. The exceptions shall not apply unless the Building Official finds that no such security is necessary in order to assure compliance with the requirements of this section.
C. Relocation Permit Bond—Conditions. Every bond posted pursuant to this section shall be conditioned as follows:
1. That each and all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the Building Official;
2. That all of the work required to be done pursuant to the conditions of the relocation permit shall be fully performed and completed within the time specified in the relocation permit. If no time limit is specified, within one hundred twenty (120) days after the date of issuance of the permit;
3. The time limit herein specified or the time limit specified in any permit may be extended for good and sufficient cause by the Building Official. No such extension of time shall be valid unless in writing and no such extension shall release any surety from any bond.
D. Period and Termination of Bond.
1. The term of each bond posted pursuant to this section shall begin upon the date of the posting thereof and shall end upon the completion, to the satisfaction of the Building Official, of the performance of all the terms and conditions of the relocation permit. Such completion shall be evidenced by a statement signed by the Building Official, a copy of which shall be sent to the surety and to the principal.
2. When a cash bond has been posted, the cash shall be returned to the depositor or to the depositor’s successors or assigns upon the termination of the bond, except any portion thereof that may have been used or deducted as provided for elsewhere in this section.
E. Default in Performance of Conditions—Notice to be Given.
1. Whenever the Building Official shall find that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety on the bond.
2. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the Building Official to be reasonably necessary for the completion of such work.
3. After receipt of such notice, the surety or the principal of a bond must within the time specified cause the required work to be completed.
4. Should the surety or the principal of a bond fail to cause the work, specified in the notice of default, to be done within the time provided, the Building Official shall set the matter for an administrative hearing.
F. Default Hearing and Procedures.
1. Inspection. The Building Official shall examine every building or structure or portion thereof which is subject to the provisions of this section and the permit has been found to be in default.
Said inspection shall be conducted in accordance with the provisions of this code, other applicable statute and the ordinances, rules and regulations of the city.
2. Notice of Default Hearing. The Building Official shall give notice, setting forth the work to be done and the estimated cost thereof to the surety, the owner, other responsible person or authorized representative, hereinafter referred to as “owner,” of such building or structure. The notice shall set forth the right of the owner to be present at the hearing and to introduce such relevant evidence on the issues as the owner desires. The notice shall also set forth the requirements for commencement and completion of work and the effect of failure to do so as set forth in subsections of this section.
The notice shall set forth the time and place of the hearing to be held before the Building Official. At the time and place so specified, evidence shall be submitted as to the facts of any such default as to reasonably determine whether the facts so established constitute a default of any of the terms or conditions of the permit.
The notices required by this section served as specified herein shall be deemed to be proper notice:
a. By delivering a copy to the owner, as designated on papers, applications or permits on file with the Building Official, personally; or
b. By leaving a copy with a person of legal age and discretion at the owner’s designated place of residence or business and sending a copy by certified mail, return receipt requested, to the owner’s designated place of residence or business; or
c. If the owner’s place of residence or business cannot be ascertained or a person of legal age or discretion cannot be found at either place, then by affixing a copy in a conspicuous place on the building or structure on the premises to which the building or structure has been relocated and also delivering a copy to the person in charge, if any; and also sending a copy by certified mail, return receipt requested, addressed to the owner at the place where the building or structure is situated, or to the owner’s last known or designated address, or both.
3. Administrative Order. At the hearing and upon the determination that there is a default, the Building Official shall determine if the building or structure can be reasonably completed in compliance with all applicable codes or if the building or structure should be removed and shall order such completion or removal and shall specify the time within which the work is to be completed. The order shall also contain notice that should the owner fail, neglect, or refuse to comply with the order, then the Building Official shall cause the work to be done and the cost thereof to be levied against the bond as specified herein.
The determination and order may be made orally at the hearing and shall be written and transmitted to the owner within a reasonable time; the determination and order shall become final within five days, excluding Saturdays, Sundays and holidays, from the time it is first rendered or, in the event that the owner was not present at the hearing, within five days of the mailing of the order to the last known address of the owner, whichever first occurs.
4. Appeal. The owner shall, if the owner desires to do so, at any time prior to the determination and order becoming final as heretofore set forth, appeal the decision of the Building Official to the City Council of the city, who shall fix a time and place therefor and hold a hearing, and shall thereupon make a determination and order affirming, reversing or modifying the determination and order of the Building Official as the City Council may deem proper. The order of the City Council shall be immediately final.
5. Commencement of Work and Completion. The owner shall, upon the expiration of five days, excluding Saturdays, Sundays and holidays, following the finality of the determination and order of the Building Official (or, if appealed, the determination and order of the City Council), commence the work ordered, and such work will be completed within the time specified.
6. Failure to Commence Work. If the owner neglects or fails to commence, within the time provided, the corrective work deemed necessary and as ordered, the owner shall pay over to the Building Official the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to twenty-five (25) percent of said estimated cost. Upon receipt of such monies, the Building Official shall proceed by such mode as he or she deems convenient to cause the required work to be performed and completed, but no liability shall be incurred other than for the expenditure of the monies received.
If a cash bond has been posted and if the compliance is not obtained within the time specified, the Building Official shall proceed, without delay and without further notice of proceedings whatever, to use the cash deposit or any portion of such deposit to cause the required work to be done. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor or to the depositor’s successors or assigns, after deducting the cost of the work plus twenty-five (25) percent thereof.
(OCC § 7-1-189(D))
10-12.060 Relocation permit fees.
Before any application for a relocation permit is accepted for filing, the fees as established by resolution of the City Council shall be paid by the applicant to cover the cost to the city of the inspection of the condition of the building to be moved and the inspection of the proposed new location. The inspection fee shall be in addition to the building permit fee or any other fee or charge required by any other applicable city ordinance or resolution of the city council. (OCC § 7-1-189(E))
10-12.070 Expiration.
If a relocation permit has not been issued within one hundred twenty (120) days after the applicant has been notified of the result of the inspection, a new inspection fee shall be paid and the building shall be reinspected before a relocation permit may be issued. (OCC § 7-1-189(F))